Circular No. 24/2015/TT-BCT dated July 31, 2015 of the Ministry of Industry and Trade prescribing working time and rest time for workers doing jobs of special characteristics in the field of offshore petroleum exploration and exploitation

CIRCULAR

Prescribing working time and rest time for workers doing jobs of special characteristics in the field of offshore petroleum exploration and exploitation^[1]

Pursuant to the Government’s Decree No. 95/2012/ND-CP of November 12, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to Labor Code No. 10/2012/QH13 passed by the National Assembly on June 18, 2012;

Pursuant to the 1993 Petroleum Law; Law No. 19/2000/QH10 Amending and Supplementing a Number of Articles of the Petroleum Law; and Law No. 10/2008/QH12 Amending and Supplementing a Number of Articles of the Petroleum Law;

At the proposal of the Director of the Organization and Personnel Department after reaching agreement with the Ministry of Labor, War Invalids and Social Affairs,

The Minister of Industry and Trade promulgates the Circular prescribing working time and rest time for workers doing jobs of special characteristics in the field of offshore petroleum exploration and exploitation.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular prescribes working time and rest time for workers doing jobs of special characteristics in the field of offshore petroleum exploration and exploitation.

Article 2. Subjects of application

1. Employers being enterprises, agencies, organizations, cooperatives, households and individuals that hire or employ workers and operate in the field of offshore petroleum exploration and exploitation.

2. Workers at petroleum man-made structures at sea.

3. This Circular does not apply to workers being crews.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Offshore petroleum facilities include floating vehicles and combinations of fixed or temporary installations and structures at sea serving petroleum activities.

2. Working round means a working period of a worker which is calculated consecutively from the time he/she appears at, to the time he/she leaves, an offshore petroleum facility, exclusive of the travel time.

3. Working shift means a working period of a worker which is calculated from the time he/she starts his/her job to the time he/she hands over this job to another worker, inclusive of the working time and break.

Chapter II

WORKING TIME AND REST TIME

Section 1

WORKING TIME

Article 4. Working time for full-time workers

1. Full-time workers shall work according to working round and working shift as follows:

a/ A working shift lasts 12 hours at most.

b/ A working round lasts 28 days at most.

2. The employer shall include detailed provisions on working shift and working round at offshore petroleum facilities in the internal working regulation and notify such to workers before they come to work.

Article 5. Working time for part-time workers

1. Standard working time

The total number of per-annum standard working hours of a part-time worker shall be calculated as follows:

Of which:

 SGLVN is the number of per-annum standard working hours

SNN is the number of days in a year

SNHN is the number of per-annum days off of a worker prescribed by the Labor Code

In case a worker has worked for less than 12 months in a year, the number of days in a year (SNN) and the number of per-annum days off (SNHN) shall be calculated in proportion to his/her working period, counting from the time the worker starts working in that year.

Example 1: Mr. A has been working for Petroleum Company X consecutively from 1999 to 2015.

The additional number of per-annum days off corresponding to his 16 years’ working period is 3.

The number of his per-annum days off in 2015 as prescribed in the Labor Code is: SNHN  = 12 + 3 = 15 days.

The total number of days in 2015 is: SNN = 365 days.

So, the number of standard working hours of Mr. A in 2015 will be:

Example 2: Mr. B has worked for Petroleum Company Y since April 1, 2015.

The number of his per-annum days off in 2015 in the company as prescribed in the Labor Code is: SNHN = 12 x 9/12 = 9 days.

The total number of remaining days in 2015 is: SNN = 275 days.

So, the number of standard working hours of Mr. B in 2015 will be:

2. Part-time workers at offshore petroleum facilities shall work according to working round and working shift, specifically as follows:

a/ A working shift lasts 12 hours at most.

b/ A working round lasts 45 days at most.

3. The employer shall reach agreement with a worker on working shift and working round before assigning him/her to work on a part-time basis at offshore petroleum facilities.

4. When not working at offshore petroleum facilities, part-time workers may have days off or shall do jobs on the mainland in accordance with the labor law.

5. The total number of per-annum normal working hours of a part-time worker must not exceed the standard working time prescribed in Clause 1 of this Article.

Article 6. Overtime work

1. The working time in addition to working shift or working round prescribed in Clause 1 of Article 4 for full-time workers shall be regarded as overtime. The working time in addition to working shift or working round prescribed in Clause 2 of Article 5 or the working time exceeding the number of per-annum standard working hours prescribed in Clause 1 of Article 5 for part-time workers shall be regarded as overtime.

2. The total number of per-diem working hours and overtime hours of a worker must not exceed 14.

3. The number of overtime hours of a worker must not exceed 50 per working round and, in all cases, must not exceed 300 per year.

Article 7. Overtime work in special cases

1. Special cases include obedience of mobilization orders to perform national defense and security tasks in a state of national defense and security emergency; and performance of tasks to protect human lives and assets and the environment around offshore petroleum facilities during the prevention, and remedy of consequences, of natural disasters, fires, epidemics or catastrophes.

2. In special cases, employers may request workers to work overtime on any days without having to include such days in the prescribed number of overtime hours per day and number of working days per working round as prescribed in Clauses 2 and 3 of Article 6.

3. Employers shall pay salaries and other allowances for overtime work to workers.

Section 2

REST TIME

Article 8. Rest time

1. After each working shift at sea, a worker is entitled to a rest of at least 10 consecutive hours before starting a new working shift.

2. The employer shall arrange breaks between working shifts which are included in the working time, the total time of such breaks must be at least 60 minutes.

3. In addition to breaks between working shifts, after each working round, a full-time worker is entitled to a leave equal to the number of working days in the previous working round. A part-time worker is entitled to a leave as suitable to working conditions which must last at least 5 consecutive working days.

Article 9. Annual leave

1. Workers are entitled to annual leave in addition to a leave between working rounds in accordance with the labor law.

2. If the employer cannot arrange an annual leave for a worker, it/he/she shall reach agreement with that worker on the latter’s annual leave during the leave between working rounds.

Article 10. Holidays and New Year Festival; leave for personal reasons; unpaid leave

1. Workers are entitled to be off work on holidays and New Year Festival, and take leave for personal reasons and unpaid leave in accordance with the labor law.

2. If a holiday or the New Year Festival falls in his/her working round, a worker is entitled to overtime pay in accordance with law.

Chapter III

IMPLEMENTATION PROVISIONS

Article 11. Organization of implementation

1. The Organization and Personnel Department of the Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with related agencies and units in, guiding, supervising and examining the implementation of this Circular.

2. Employers shall implement this Circular and other relevant regulations.

3. The Vietnam National Petroleum Group shall direct and guide its member units as well as joint-venture and affiliated enterprises to base themselves on the Charter on Organization and Operation of the Vietnam National Petroleum Group to implement this Circular.

4. Employers shall report on the implementation of this Circular to the Ministry of Industry and Trade before January 15 every year or at the request of competent agencies.

Article 12. Effect

1. This Circular takes effect on October 1, 2015.

2. Any problems arising in the course of implementation of this Circular should be reported to the Ministry of Industry and Trade for consideration and settlement.-

For the Minister of Industry and Trade
Deputy Minister
CAO QUOC HUNG